ROXIE A. CLARK, INDIVIDUALLY, AND AS MOTHER AND NEXT FRIEND OF TIARA ARNICE STREET, A MINOR, AND WILLIAM E. STREET, INDIVIDUALLY, AND AS FATHER AND NEXT FRIEND OF TIARA ARNICE STREET, A MINOR, APPELLANTS,
v.
REPUBLIC HEALTH CORP. OF NORTH MIAMI, A FLORIDA CORPORATION, AS GENERAL PARTNER OF NORTH MIAMI MEDICAL CENTER, LTD, A FLORIDA LIMITED PARTNERSHIP, D/B/A/ PARKWAY MEDICAL CENTER, APPELLEE

Fla. 3d DCA | 1996-02-07
No. 95-2587
Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ.
667 So. 2d 502 Florida District Court of Appeal, Third District (1996)

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Synopsis

The dissenting opinion argues that the evidence was sufficient to support the trial judge's determination that the children were dependent due to the father's prior abuse of another child and the likelihood of future abuse.


Holding

The dissenting judge would affirm the trial court's decision to declare the children dependent, finding the evidence sufficient to protect them from the father's proven history of abuse.


Facts & Procedural History

The trial judge found the children dependent and placed them with their maternal grandmother for safekeeping, based on the father's prior sexual abuse…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In view of the fact that the allegations in the Complaint clearly state a cause of action, it was error for the trial court to have dismissed it. See Ralph v. City of Daytona Beach, 471 So. 2d 1 (Fla.1983); Connolly v. Sebeco, Inc., 89 So. 2d 482 (Fla.1956). Accordingly, the improvidently entered order of dismissal is reversed, and this cause is remanded to the trial court for further proceedings consistent herewith.

Reversed and remanded.


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